Legal Question in Bankruptcy in Illinois

Bankruptcy filed during Divorce

My husband has filed for bankrucpty and I am still waiting for our divorce to finish. How much do the courts investigate what is being claimed on the filing he made? Most of the things he listed, are made up! I need to know if I need to be there to clarify what he has listed!

Asked on 12/27/07, 12:05 pm

2 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: Bankruptcy filed during Divorce

Report him to the U.S. Attorney

email [email protected]



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Answered on 12/28/07, 12:11 am
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Bankruptcy filed during Divorce

If you have a lawyer for your divorce, you should direct this question to that lawyer, but in general the court itself will not investigate your spouse's filing at all. While the bankruptcy trustee, or his other creditors may investigate, if his false filing is going to cost you money, the burden may fall to you to investigate. If a divorce lawyer cannot help you, you will have to hire another one to defend you interests in his bankruptcy, as you cannot expect to be effective by simply "being there." If you cannot get a lawyer in time, by all means attend the proceedings and assert yourself.

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Answered on 12/27/07, 12:13 pm

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